Arkansas appellate court rules on illegitimacy
March 8, 2011
Arkansas: Last week, the Arkansas Court of Appeals ruled that a child born out of wedlock does not remain illegitimate for the entirety of its life. The child in question remained in the care of its biological father and was subsequently adopted by his wife as well.[1]
This ruling overturned the decision by Circuit Court judge Jim Spears to allow visitation rights to the paternal grandmother of the child. The judge found that the child's grandparents had a right to petition for visitation, since the child was illegitimate. The ruling by the Court of Appeals reads, "Following [the grandparents] argument to its logical conclusion, [the child] will remain illegitimate forever — in spite of the fact that his legal parents are married and the fact that (the mother) has no legal relationship whatsoever with (the child)."[1]
The appellate court explained there is no difference under Arkansas law between an adopted or biological mother.[1]
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